Professional Documents
Culture Documents
Diversity Policies and Practices in The Civil Service: The Philippine Experience
Diversity Policies and Practices in The Civil Service: The Philippine Experience
I. Introduction
This paper will explain the policies, practices and initiatives of the
Philippine government to address the issues of diversity in the workplace along
the processes of recruitment, appointment, promotion and retention. It will also
highlight some issues and concerns and recommendations to address them.
It is important to bear in mind that within the larger national situation and
context, there are bigger issues of diversity that should be recognized and
addressed. The causes and consequences of these bigger issues of diversity are
complex. It is enough for now that these are noted and placed in this larger
perspective. The most important issue of diversity is the worsening gap between
the rich and the poor. From the National Statistics Office, in 2002, there are 5.2
million poor families. Only about thirty (30) families (out of approximately 15
million families) own ninety (90%) percent of the national wealth. Roughly, about
13 out of every 100 Filipino families are considered as core poor in 2000. This
1
A paper delivered by Assistant Commissioner MARY ANN Z. FERNANDEZ during the International Public
Management Association for Human Resources (IPMA-HR)) Annual Conference, Panel on Diversity Policies and
Practices in Selected Countries, on 9-13 September 2003, Marriott Downtown Chicago, Chicago, Illinois. The
assistance of Ms. Marites Jacobo and Ms. Edith Almirez, both Senior Personnel Specialist of the Philippine Civil
Service Commission is acknowledged.
2
Bulacan is one of the biggest provinces in the Philippines, located in the central plains of Luzon. It is also known as
th
the cradle of noble heroes, being one of the eight (8) provinces that rallied against the Spanish rule in the 19
century. The province is the major political unit at the local level.
means that the per capita annual incomes of these families are not sufficient to
buy their basic necessities.
2
and foreign) was established to provide educational and other learning
opportunities for various levels of personnel.
The highest law of the land, the Philippine Constitution, states in the Bill of
Rights that “no person shall be deprived of life, liberty or property without due
process of law, nor shall any person be denied the equal protection of the laws.”
Full protection to labor, local and overseas, organized and unorganized, and the
promotion of full employment and quality of employment opportunities for all are
also guaranteed.
For women, the state upholds the fundamental equality between women
and men before the law and recognizes the role of women in nation building.
Accordingly, women shall be protected by providing safe and healthful working
conditions, taking into account their maternal functions, facilities and
opportunities that will enable them to realize their full potential.
3
For disabled persons, the state has guaranteed the establishment of a
special agency for disabled persons for their rehabilitation, self-development and
self-reliance and their integration into the mainstream of society.
1) Women
Much has been achieved for this sector. A lynchpin legislation is the Women
in Development and Nation Building Act (RA 7192) which was passed during
4
the watch of President Corazon C. Aquino. Among the important features of
this law are the following
The MTPDP further ensures that programs and projects financed by the
national budget and official development assistance (ODA) appropriately
integrate women and gender concerns.
5
As the central personnel agency of the government, the PCSC has been very
proactive in mainstreaming gender and development concerns in the
recruitment, appointment, promotion and retention processes. The following
policies, programs and initiatives are significant milestones:
(a) A full flexi-time schedule which allows the employees to start and end
work at a time convenient to him/her provided that the same shall not be
prejudicial to the prompt and efficient delivery of service and shall not
disrupt the daily operations of the office. Work hours shall be from 7:00
a.m. to 7:00 p.m. Thus, employees are given the option to set their work
schedule provided that the core working hours of 9:30 a.m. to 4:00 p.m.
are observed. Moreover, employees are required to render at least forty
hours of work in a week.
(b) The maternity leave policy has been made more flexible. A woman is now
given the option to return to her work before the expiration of her two-
month leave. This allows her to receive the benefits granted under the
Maternity Leave Law and the salary for actual services rendered effective
the day she reports for work. In 1998, the maternity leave policy was
expanded to include unmarried women and contractual employees.
(c) The PCSC established in 1989 a model Day Care Center for the
employees’ children where the play-study method is used. In addition, a
Breastfeeding Center has been put up. Other agencies are being
encouraged to put up their own day-care and breastfeeding centers.
(d) There were affirmative policies which specifically state that no pregnant
women shall be discriminated against on matters of promotion and career
development. In 1990, the policy which prevents women with children
below two (2) years old and without the consent of their husbands from
attending foreign training and scholarship opportunities, was removed.
6
(e) There were provisions for reproductive health concerns which include
annual Pap smear and mammography tests for women ages 35 and
above.
(g) Policies and initiatives to promote and ensure a sexual harassment free
environment were also formulated, e.g.,
There are other laws passed which address women’s career concerns, to wit:
b) The Solo Parents’ Welfare Act of 2000 which basically relieve solo
parents of the burden and fear of responsibility of raising a family alone
by institutionalizing adequate state assistance and relevant support
services both for the solo parents and their children.
Republic Act 7277 otherwise known as the Magna Carta for Disabled Persons
was passed in 1992. This law strongly prohibits employment discrimination
against a qualified disabled person in regard to application, hiring, promotion,
compensation and other employment conditions. The government
guarantees that five (5%) percent of all casual, emergency and contractual
positions in the three (3) departments, i.e., social welfare and development,
health, and education, and other government agencies engaged in social
development shall be reserved for disabled persons.
With this law, a National Council for the Welfare of Disabled Persons
(NCWDP) was established to formulate policies on disability, to coordinate
the functions of public and private entities and international organizations
operating in the Philippines and to enforce laws on disability prevention,
rehabilitation and equalization of opportunities for persons with disabilities.
The Magna Carta explicitly provides that “no entity, whether public or private,
shall discriminate against a qualified disabled person by reason of disability in
regard to job application procedures, the hiring, promotion, or discharge of
employees, employee compensation, job training, and other terms,
conditions, and privileges of employment.” The law likewise prohibits the
following acts of discrimination:
8
(a) Limiting, segregating or classifying a disabled job applicant;
(b) Using qualification standards or selection criteria that tend to screen out a
disabled person unless such standards are shown to be job-related for the
position in question;
(c) Utilizing standards, criteria, or methods of administration that:
(1) have the effect of discrimination on the basis of disability, or
(2) perpetuate the discrimination of others who are subject to common
administrative control;
(d) Providing less compensation or other forms of remuneration and benefits
to a qualified disabled employee, by reason of his disability, than the
amount to which a non-disabled person performing the same work is
entitled;
(e) Favoring a non-disabled employee over a qualified disabled employee
with respect to promotion, training opportunities, study and scholarship
grants;
(f) Failing to select or administer in the most effective manner employment
tests which accurately reflect the skills, aptitude or other factor of the
disabled applicant; and,
(g) Excluding disabled persons from membership in labor unions or similar
organizations.
9
The PCSC, for its part, has issued several advocacy circulars and
implemented affirmative programs.
10
3) Indigenous Peoples and Ethnic Communities
Responsive to the intent of the law, the PCSC has issued a circular to
encourage appointment of “natives” or indigenous people in a certain region,
the Cordillera Administrative Region (CAR), whose population is composed
mostly of ethnic groups and communities.
In the 60’s and 70’s, the PCSC conferred eligibilities to members of the
cultural communities through a testimonial procedure. This process, however,
was abused by some individuals who made false claims of their membership
in certain cultural groups to secure civil service eligibilities. It defeated the
purpose of responding to the needs of the members of cultural and ethnic
groups. To end this practice, the Commission conducted the Cultural
Community Examination (CCE) in 1989, a customized examination for
11
cultural and ethnic groups in the country that is more responsive to the kind
and level of education and the limited development opportunities that they are
exposed to. The examination, however, was stopped for reasons which were
not very clear. It is said that it was stopped in view of the low passing rate,
i.e., out of the 18,031 examinees, only 1, 755 passed. Another reason
invoked the merit and fitness principle and enjoined them to take the regular
examinations. There may be a need to take a deeper look into this and
consider the possibility of reviving the examination.
One major breakthrough affecting local government units was the passage of
the Local Government Code (LGC). This law (RA 2171) sets the foundation
for truly sustainable development and self-reliant local government units. It
has also afforded autonomy to local government relative to its personnel
functions. Like any other head of office, a local chief executive was accorded
powers and/or rights on personnel administration. Among others, they
include the right to appoint, promote and to exercise such other personnel
actions as reassignment and detail which are generally considered as
management prerogatives. These powers also included the right to discipline
and to impose the corresponding penalties. In the exercise of these powers,
however, certain laws, rules and regulations have to be observed.
On the downside, however, this requirement has been used by many political
leaders to push for or ensure appointment of their proteges who barely meet
the minimum requirements when there may be better-qualified applicants
outside the community or locality. For example, the Department of Finance is
seeking the amendment of the law to remove this requirement for treasurers3
in the local government. It is argued that there is a need to have a check-
and-balance arrangement between the mayor and the treasurer to ensure
proper fiscal management of the community resources.
Executive Order No. 180 restored the right of workers in the public sector to
self-organization. This right has been denied public sector employees
starting 1972 when martial law was declared over the country. The directive
3
Persons in charge of the treasury office; Takes custody and proper management of the funds of the LGU.
13
provides that government employees shall not be discriminated against in
respect to their employment by reason of their membership in employees’
organizations or participation in the normal activities of their organization.
Their employment shall not be subject to the condition that they shall not join
or shall relinquish their membership in the employees’ organizations.
At present, there are 1,645 public sector unions with 278,115 members from
the total of about 1.4 million human resource in government operating in
various parts of the country. One of the major concerns of unions is the
inadequate support and lack of appreciation of management on the benefits
of public sector unionism. Despite the limited number of PSU members vis-à-
vis the total number of government employees, they have an active role in
pushing for the welfare of employees nationwide. Among its various
achievements are the installation of women-friendly facilities, promotion of
physical fitness, flexi-time arrangement and setting up of grievance
machineries.
14
6) Elderly
Guided by the Philippine Constitution, laws that recognize the positive role of
older persons in our society have been enacted, encouraging older persons
to contribute to nation-building and to mobilize their families and the
communities they live with, to reaffirm the Filipino tradition of caring for older
persons. These laws further granted benefits and special privileges to older
persons as well as created the office for senior citizens' affairs nationwide. A
republic act in 1995 established senior citizens’ centers to serve as venues
for the delivery of integrated and comprehensive services to older persons.
The organizations of older persons manage these centers with the support of
the local and national governments.
Based on the Vienna Plan of Action on Ageing and the Macao Plan of Action
on Ageing for Asia and the Pacific, the Philippines adopted the Philippine
Plan of Action for Older Persons in 1999. The plan of action addresses eight
major areas of concern: namely, older persons and the family; social position
of older persons; health and nutrition; housing, transportation and
environment; income security, maintenance and employment; social services
and the community; continuing education/learning; and, older persons and the
market.
15
and privileges have a strong foundation in the Constitution and in the MTPDP.
Moreover, as a signatory to the UN Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW), the Philippines is committed to
implement this as well as other international agreements to improve the situation
of Filipino women.
The government has not been remiss in setting up strong institutional and
support systems to look after the welfare of each of these groups. There is the
National Commission on the Role of Filipino Women, the National Council for
Indigenous Peoples, the National Commission on the Welfare of Disabled
Persons, and the Public Sector Labor Management Council.
The PCSC, through its quasi-judicial functions, has the power to act on
complaints involving discrimination and harassment. From 1995, the PCSC has
received thirty-eight (38) cases on sexual harassment which has led to fifteen
(15) dismissals, seven (7) suspensions and two (2) acquittals.
1) There is need to intensify actions to help women break the glass-ceiling and
thus increase their level of participation in the top level decision-making
positions. Out of 5,000 positions in the third or executive/managerial level of
the bureaucracy, only 30% are women. Key initiatives will include changing
mindsets of appointing authorities and the benefits of equal representation
16
and participation of women and men in decision-making and training
programs and leadership.
7) In the course of gathering data for this paper, there was difficulty in looking for
papers, researches and books that touched directly on diversity. Diversity, as
a word, is sparsely used. In its place, the terms “indigenous”, “native”,
“disadvantaged”, and “marginalized” were adopted. In most resource
materials that were found in libraries, the word diversity is usually coined with
bio to mean the variety of plant and animal life in the Philippine ecosystem.
There may be a need to undertake advocacy, education and communication
activities to introduce this word, build consensus, and reiterate its benefits
and importance, especially in a country with as diverse a culture and origin as
the Philippines.
REFERENCES:
http://www.ncip.gov.ph
http://www.ncrfw.gov.ph
http://www.ncwdp.gov.ph
Republic Act No. 8371, The Indigenous Peoples Rights Act of 1997
18
Republic Act No. 7192, Women in Development and Nation-Building Act
Republic Act No. 7277, Magna Carta for Disabled Persons and Implementing Rules
And Regulations
Government and Politics of the Philippines. Raul P. de Guzman and Mila Reforma,
Oxford University Press. College of Public Administration, University of the
Philippines, 1988
Executive Order No. 180, Providing Guidelines for the Exercise of the Right to
Organize of Government Employees, Creating a Public Sector Labor-
Management Council, and For Other Purposes
Omnibus Rules Implementing Book V of Executive Order No. 292 and Other Civil
Service Rules
19